CITY COUNCIL PACKAGE FOR AUGUST 16, 2016...2016/08/16 · Docket Item "C" PLN-REZ-2016-012...

Docket Item "C" PLN-REZ-2016-012

Brightleaf Commons

CITY COUNCIL PACKAGE FOR

AUGUST 16, 2016

– 2 Application Summary 3 – 8 Proffer Statement

9 – 13 Planning Commission Draft Minutes 14 – 28 Staff Report(s): July 5, 2016 29 Fiscal Impact Analysis 30 – 32 Architectural Elevation 33 Site Plan 34 Aerial 35 GIS Parcel Exhibit

1

APPLICATION SUMMARY

PLN-REZ-2016-012 Brightleaf Commons

LOCATION: 1248 Kempsville Road

PROPOSAL: A conditional zoning reclassification of 11.92 acres from R-15s, Residential District and A-1, Agricultural District to R-MF-1 Multifamily Residential District (4.03 acres) and C-1 Conservation District (7.89 acres).

SUBMITTED: 4-8-16 ACKNOWLEDGED BY COUNCIL: 6-28-16

STAFF RECOMMENDATION

DENIAL

PLANNING COMMISSION

HEARING DATE(S): 7-13-16

RECOMMENDATION: APPROVAL with proffers

VOTE: 7 - 1

ATTACHMENTS

Draft Minutes, Staff Report(s), Fiscal Impact Analysis, Architectural Elevations, Site Plan, Aerial, GIS Parcel Exhibit

2

APPLICATION SUMMARY


APPLICANT/OWNER: Brightleaf Commons, LLC Attn: Daniel J. Blevins P.E. 5601 Virginia Beach Blvd.

Virginia Beach, VA 23462 461-1000 [email protected]

mailto:[email protected]

9 Chesapeake Planning Commission DRAFT July 13, 2016 Public Hearing Minutes

PLN-REZ-2016-012

PROJECT: Brightleaf Commons APPLICANT: Brightleaf Commons, LLC PROPOSAL: A conditional zoning reclassification of 11.92 acres from R-15s, Residential District and A-1, Agricultural District to R-MF-1 Multifamily Residential District (4.03 acres) and C-1 Conservation District (7.89 acres). PROPOSED COMP LAND USE / DENSITY: Low Density Residential with 2.18 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low Density Residential with no more than 4 dwelling units per acre LOCATION: 1248 Kempsville Road TAX MAP SECTION/PARCEL: 0380000001020 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that PLN-REZ-2016-012 be APPROVED with the following proffers: (7-1, Johnson/McCormick, Van Laethem opposed, Morris excused).

1. The applicant/owner agrees that the subject property described above (hereinafter, the “Property”) shall be developed generally consistent with the Brightleaf Commons Preliminary Layout dated June 17, 2016, (hereinafter, the “Preliminary Layout”), prepared by Kotarides Developers LLC. The Planning Director, or designee, may approve minor changes based on site engineering or design. The determination of what constitutes a minor change shall be made in the sole discretion of the Planning Director or designee.

2. No more than twenty six residential dwelling units shall be constructed on

the Property. 3. The applicant/owner agrees that the Property will be developed as a single-

family detached condominium development. On or before the issuance of the first certificate of occupancy, the applicant/owner agrees that the Property will be made part of a Condominium Association and will be added to the appropriate condominium documents required of that development, including by-laws, articles of incorporation, covenants and/or deed restrictions, if applicable, which shall be recorded to govern the maintenance and operation of the Condominium Association. The foregoing condominium documents shall also include the establishment of an architectural review board to promulgate and be solely responsible for the enforcement of the architectural standards set forth herein and for the review of exterior modifications and maintenance. The condominium

10 Chesapeake Planning Commission

DRAFT July 13, 2016 Public Hearing Minutes

association shall own and maintain all common areas, landscape buffers and storm water management facilities associated with the Property.

4. The applicant/owner agrees that the architectural design of the residential

structures shall be consistent, as determined by the Director of Planning or designee, with the architectural renderings dated May 12, 2016, and titled “Brightleaf Commons Elevations.”

5. The applicant/owner agrees that the residential buildings shall conform to

the following architectural standards:

a. All home foundations shall be either raised slab or crawl space construction. Finished floor elevations will be a minimum of 16” above the curb elevation in front of the unit.

b. Stoops and exposed foundation on the front elevations shall be

treated with masonry finish (brick or stone only). Stoops on the front elevations shall be treated with the same masonry as the skirts on an individual house.

c. Exterior walls will be a combination of Brick/masonry, wood, vinyl,

fiber cement siding, and natural stone. A minimum of two elements shall be provided for each structure.

d. All siding, whether wood or vinyl, must have a minimum five-inch (5")

lap or course, with 5/4" x 6" on the front corner trim and 5/4" x 4" corner trim on the rear. Twin four-inch (4") siding is prohibited. Roofing material shall be 30 year architectural shingles. Vinyl siding will be limited to premium vinyl siding with a minimum thickness of 0.044 inches.

e. Minimum heated living area of each unit shall be 2000 square feet

with a minimum of a two car garage and two paved parking spaces adjacent to each unit in accordance with the requirements of the zoning ordinance.

f. Each unit’s exterior walls with the same color scheme as adjacent or

nearby homes will be permitted on a frequency of only every fourth dwelling unit.

g. Each unit shall have a front porch with a minimum depth of 4 feet. h. A minimum of fifty five percent (55%) of the units shall have one of

the following characteristics:

i. Garage doors that do not face the dwelling’s primary street frontage.


ii. Garage doors that are recessed 4 feet or greater from the dwelling’s primary facade.

6. The applicant/owner agrees to make a cash contribution to the City of

Chesapeake for capital improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $4000.00 per residential dwelling unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake’s “lock box,” also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy and state law. The cash proffers may be used for alternative improvements approved by the City Council under Section 15.2-2303.2 of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash proffer shall be allocated as follows: Schools $1591; Transportation $1454; Libraries $570; Emergency Services $385.

7. The applicant/owner agrees to dedicate a vehicular ingress/egress

easement for the benefit of Tax Parcel 0380000001030 (the “Adjacent Property”) on and across the Property; provided that the Adjacent Property is used for residential purposes. Specifically, the ingress/egress easement shall provide vehicular ingress/egress from the Adjacent Property to the Property’s approved entrance on Kempsville Road through related internal private streets to be constructed on the Property. The alignment and sufficiency of the ingress/egress easement shall be subject to the review and approval of the Director of Development & Permits or Designee and shall be recorded prior to final site construction plan approval.

8. The applicant/owner agrees to construct the entrance improvements as

depicted on the Preliminary Layout as determined by the Planning Director or designee. The entrance improvements shall be complete before issuance of the first certificate of occupancy.

9. The conceptual site plan submitted by Kotarides Developers, LLC and date-stamped June 17, 2016, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor shall any cause of action arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be

12 Chesapeake Planning Commission

DRAFT July 13, 2016 Public Hearing Minutes

necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and Department of Development and Permits and shall supersede any previously file conceptual site plan.

______________________________________________________________________

Mrs. Shaffer read PLN-REZ-2016-012 into the record for commission review and action.

Staff Presentation:

Mr. Hobbs stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ-2016-012 be DENIED. However, if Planning Commission decides to approve this rezoning, the proffers listed in the official agenda are offered.

Proponent:

Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, appeared before the commission on behalf of PLN-REZ-2016-012, representing Kotarides Developers.

Mr. Palmer explained the application is a multi-family rezoning of 4.3 acres, and 7.89 acres being rezoned to C-1, Conservation District. The front portion is multi-family and the balance of the property will be put into conservation zoning. He explained the project is single-family detached condos and is an infill project. He stated the project meets Level of Service for schools, roads, and utilities. He explained that design criteria has been met and went over the proffers. He stated it was not feasible to have cars parked behind the units due to the property configuration. The design matches the adjacent Plantation Woods properties. He stated there is no one present in opposition, since the applicant contacted and met with the neighborhood. He stated the project meets the Comprehensive Plan design standards and compliments adjacent neighborhoods. Further he stated the property is exempt from the proffer bill due to it being filled before July 1, 2016. He also explained that the Department of Development and Permits roads connectivity has been met.

Petro Kotarides, Kotarides Developers, 5601 Virginia Beach Blvd. Virginia Beach, Virginia, appeared before the commission on behalf of PLN-REZ-2016-012, representing himself and available for questions.

Commission Discussion:

Commissioner Ellis asked Mr. Palmer if the fire department and/or schools had been consulted concerning the cul-de-sac.

Mr. Palmer stated the application meets school and fire code requirements.


Commissioner Kish asked Mr. Kotarides about the interior design features and stated it’s important to meet the Comprehensive Plan design guidelines.

Mr. Kotarides stated that the design provides upgraded finishes and was developed in order to meet buyer’s expectations, and address parking needs by building larger garages.

Commissioner Kish asked if there will be an association to maintain the common areas.

Mr. Kotarides stated there will be a homeowner’s association to maintain the common areas and the individual homes will be maintained by the owner.

Commissioner Hutchinson asked Mr. Kotarides what the maximum square footage will be and the price point.

Mr. Kotarides stated the maximum size has yet to be determined, but should be around 2500 square feet. The price should be in the low to mid $300,000’s, depending on the market.

Chairman Williams asked Mr. Hobbs if the project was limited to a 26-unit development.

Mr. Hobbs stated it is.

Chairman Williams asked if the project could be bigger than 26 units due to the wetlands.

Mr. Hobbs stated there is a proposed maximum of 26 units that has been proffered.

Chairman Williams asked if the units were detached single-family homes.

Mr. Hobbs stated the units are detached single-family condominiums and there will not be a subdivision with property lines, but rather condominium lots.

COMMISSION VOTE:

Commissioner Johnson moved that PLN-REZ-2016-012 be APPROVED as listed in the official agenda. Commissioner McCormick seconded the motion. The motion was carried by a vote of 7- 1, Van Laethem opposed, Morris excused.

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APPLICANT: Brightleaf Commons, LLC PROPOSAL: A conditional zoning reclassification of 11.92 acres from R-15s, Residential District and A-1, Agricultural District to R-MF-1 Multi-Family Residential District (4.03 acres) and C-1 Conservation District (7.89 acres). PROPOSED COMP LAND USE / DENSITY: Low Density Residential with 2.18 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low Density Residential with no more than 4 dwelling units per acre LOCATION: 1248 Kempsville Road TAX MAP SECTION/PARCEL: 0380000001020 BOROUGH: Washington

CITY COUNCIL PACKAGE FOR AUGUST 16, 2016...2016/08/16 · Docket Item "C" PLN-REZ-2016-012...

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